PAIAPARTICULARS IN TERMS OF THE SECTION 51 MANUAL
| 1. | Contact details |
| Name of company | |
| Tshwane Business and Agricultural Corporation (Tshwabac) Company registration no. 1951/000015/08 | |
| Nature of business | |
| Tshwabac's main business is to promote and maintain the interests of its members through meetings, agricultural and trade shows, congresses, conventions, exhibitions, the promotion of local and international trade, educational, cultural, recreational, social and related activities and to provide support to business, agricultural, mining and commercial enterprises, medium, small and micro business, service organisations and educational and training institutions, all without seeking profit. |
| Head of company | |
| Mr WF du Toit, CEO | |
| Postal address | |
| P O Box 933 Pretoria 0001 | |
| Street address | |
| Tshwane Events Centre (previously known as the Pretoria Show Grounds) Soutter Street Pretoria | |
| Telephone number | |
| (012) 327-1487 | |
| Fax number | |
| (012) 327-1501 | |
| E-mail address: | |
| CEO: | This e-mail address is being protected from spambots. You need JavaScript enabled to view it | |
| General: | This e-mail address is being protected from spambots. You need JavaScript enabled to view it | |
| Note: | Public information on Tshwabac is available on the company's website at www.tshwabac.co.za | |
| 2. | Guide to the manual and its access |
| At the time of the preparation of this manual, the South African Human Rights Commission had not compiled the guide as contemplated in Section 10 of the Act. It is understood that the guide is to contain such information as may reasonably be required by a person who whishes to exercise any rights contemplated in the Act. Any enquiries to this guide should therefore be directed to: |
| The South African Human Rights Commission PAIA Unit The Research and Documentation Department | |
| Postal address: | Private Bag 2700 Houghton 2041 | |
| Telephone: | +27 11 484-8300 | |
| Fax: | +27 11 484-7146 | |
| Website: | www.sahrc.org.za | |
| E-mail: | This e-mail address is being protected from spambots. You need JavaScript enabled to view it | |
| 3. | Records available in terms of any other legislation | |
Tshwabac's promotional material, list of services, facilities available for rent (conferences, exhibitions, auctions, etc), and annual report can be accessed via www.tshwabac.co.za or can be obtained by contacting This e-mail address is being protected from spambots. You need JavaScript enabled to view it | ||
| 3.1 | Records that are held in the company's offices: | |
| 3.1.1 | Personnel records | |
| • | As provided by employees | |
| • | As provided by individuals other than employees | |
| • | Conditions of employment and employee-related contractual records. | |
| 3.2 | Records relating to customers | |
| 3.3 | Records relating to Tshwabac | |
| 3.3.1 | Financial records | |
| 3.3.2 | Marketing records | |
| 3.3.3 | Product and services records | |
| 3.3.4 | Internal correspondence | |
| 3.3.5 | Statistical records | |
| 3.3.6 | Research records | |
| 3.3.7 | Statutory records, which include the following: | |
| • | Basic Conditions of Employment Act no. 75 of 1997 | |
| • | Companies Act no. 61 of 1973 | |
| • | Compensation for Occupational Injuries and Diseases Act no. 130 of 1993 | |
| • | Customs and Excise Act no. 91 of 1964 as amended | |
| • | Employment Equity Act no. 55 of 1998 | |
| • | Environment Conservation Act no. 73 of 1989 | |
| • | Financial Intelligence Centre Act no. 38 of 2001 | |
| • | Harmful Businesses Practices Act no. 23 of 1999 | |
| • | Health Act no. 63 of 1977 | |
| • | Income Tax Act no. 58 of 1962 | |
| • | Labour Relations Act no. 66 of 1995 as amended | |
| • | Occupational Health and Safety Act no. 85 of 1983 | |
| • | Promotion of Access to Information Act no. 2 of 2000 | |
| • | Regional Services Act no. 109 of 1985 as amended | |
| • | Skills Development Act no. 97 of 1998 | |
| • | Skills Development Levies Act no. 9 of 1999 | |
| • | Stamp Duties Act no. 77 of 1968 | |
| • | Trade Marks Act no. 194 of 1993 | |
| • | Unemployment Contributions Act no. 4 of 2001 | |
| • | Unemployment Insurance Act no. 36 of 2001 | |
| • | Value-added Tax Act no. 89 of 1991. | |
| Note: | The information and/or documents held in terms of the aforesaid legislation is not automatically available to the public and access thereto must be formally made according to the Act. | |
| 4. | Information request procedure | |
| 4.1 | Form of request | |
| • | The requester must use the prescribed form to make the request for access to a record. This must be made to the CEO of Tshwabac. This request must be made to Tshwabac's address, fax number or electronic mail address. | |
| • | The requester must provide sufficient detail on the request form to enable the CEO of Tshwabac to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed. | |
| • | The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right. | |
| • | If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of Tshwabac's CEO. | |
| • | In terms of section 63 of the Act, Tshwabac's CEO must refuse a request for access to a record if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual. | |
| • | Furthermore, the CEO of Tshwabac must refuse a request for access to a record of the company if the record contains trade secrets or financial, commercial, scientific and technical information, the disclosure of which could harm the interests of Tshwabac. | |
| • | Similarly, in terms of section 64 of the Act, the above refusal grounds apply in respect of the commercial information of third parties held by Tshwabac. Access to such records will require the written permission of the third party concerned before Tshwabac will permit access to view. | |
| • | In accordance with the above mandatory refusal grounds, the CEO will make a decision whether to accede to a request for access of information. | |
| • | Any search, reproduction and document preparation necessitated by requests for information will be undertaken in accordance with the prescribed fees. | |
| 4.2 | Fees | |
A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee: | ||
| • | The CEO of Tshwabac will notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request. | |
| • | The fee that the requester must pay to Tshwabac body is R50. The requester may lodge an application to the court against the tender or payment of the request fee. | |
| • | After the CEO of Tshwabac has made a decision on the request, the requester will be notified in the required form. | |
| • | If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure. | |
| 5. | Other information as may be prescribed | |
The Minister of Justice and Constitutional Development has not made any regulations in this regard at the time of preparing Tshwabac's manual. | ||
| 6. | Availability of manual | |
This manual is available for inspection at the offices of Tshwabac free of charge, and copies are available with the SAHRC and on Tshwabac's website. In respect of hard copies, any transmission costs or postage will be for the account of the requester. | ||